Title 21, Juries
4 chapters · 51 sections in this title.
A.R.S. § 21-401 Definitions
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In this chapter, unless the context otherwise requires: 1. "Alternate grand jurors" means the additional grand jurors who are selected and sworn at the time of impanelment but who are not designated as permanent jurors until the presiding judge of the superior court or a designee…
A.R.S. § 21-402 Calling grand jury
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A. In a county with a population of two hundred thousand persons or more a grand jury shall be called every four months each year by the presiding judge of the superior court. Each grand jury shall sit until a new grand jury has been impanelled to replace it or until its term exp…
A.R.S. § 21-403 Term of grand jury
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A. Grand juries called pursuant to section 21-402 shall serve for a term designated by the presiding judge of the superior court which shall not exceed either: 1. One hundred twenty days if the grand jury is called pursuant to section 21-402, subsection A. 2. One hundred eighty d…
A.R.S. § 21-404 Grand jurors; number; quorum
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The order to form a grand jury shall specify the number of jurors to constitute the grand jury. The grand jury shall consist of at least twelve but not more than sixteen persons, nine of whom constitute a quorum for all proceedings before it.
A.R.S. § 21-405 Change in presiding judge or county attorney; effect
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Neither the term nor the powers of a grand jury shall be affected by the fact that a different individual or individuals shall occupy the position of presiding judge or the office of county attorney from time to time.
A.R.S. § 21-406 Absence
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A. At any time, for good cause, the presiding judge of the superior court or a designee may excuse a grand juror temporarily or permanently. If a grand juror is excused permanently, the presiding judge of the superior court or a designee may replace the excused juror with an alte…
A.R.S. § 21-407 Duties of grand jurors
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A. The grand jurors shall inquire into every offense which may be tried within the county which is presented to them by the county attorney or other prosecuting officer at the request of the county attorney, or by the attorney general as a special prosecutor appointed by the pres…
A.R.S. § 21-408 Attendance of prosecuting attorney
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A. The county attorney or other prosecuting officer shall attend the grand jurors when requested by them, and may do so although not requested for the purpose of examining witnesses, in their presence, or of giving the grand jurors legal advice regarding any matter cognizable by …
A.R.S. § 21-409 Duties of court; examination; charge; advice; appointment of foreman
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A. When a grand jury is summoned and appears, the court and the county attorney or other prosecuting officer shall examine the jurors regarding their qualifications as such jurors. B. After the grand jury has been sworn and impanelled the court on advice of the county attorney sh…
A.R.S. § 21-410 Swearing of witness
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A. The foreman or acting foreman shall administer an oath or affirmation in the manner prescribed by law to any witness called to testify before the grand jury.
A.R.S. § 21-411 Appointment of reporter; transcript
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A. The presiding judge of the superior court shall appoint a regularly appointed court reporter to record the proceedings before the grand jury, except the deliberations of the grand jury. The reporter's notes containing the proceedings from which an indictment is returned shall …
A.R.S. § 21-412 Evidence on behalf of person under investigation
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The grand jurors are under no duty to hear evidence at the request of the person under investigation, but may do so. The person under investigation shall have the right to advice of counsel during the giving of any testimony by him before the grand jury, provided that such counse…
A.R.S. § 21-413 Indictment upon probable cause
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The grand jury shall return an indictment charging the person under investigation with the commission of a public offense if, from all the evidence taken together, it is convinced that there is probable cause to believe the person under investigation is guilty of such public offe…
A.R.S. § 21-414 Number of grand jurors necessary to indict
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A. An indictment shall not be returned without concurrence of at least nine grand jurors. When an indictment is returned, the foreman or acting foreman shall endorse it a "true bill" and sign it. B. An indictment shall not be dismissed on the ground that one or more members of th…
A.R.S. § 21-415 Presentation of indictment
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The indictment shall be presented by the foreman or acting foreman to the court in the presence of the grand jury.
A.R.S. § 21-416 Failure to indict person in custody or on bail
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If the defendant is in custody or has given bail on a charge investigated by the grand jury and nine jurors do not concur in finding an indictment, the foreman or acting foreman shall so report to the court in writing forthwith.
A.R.S. § 21-417 Discharge of grand jury
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The presiding judge of the superior court shall discharge a grand jury upon the expiration of the term of such grand jury unless the term is extended as provided in section 21-403.
A.R.S. § 21-421 State grand juries; impaneling; term
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A. Upon written application by the attorney general there shall be a state grand jury with jurisdiction extending throughout the state impaneled each year by any superior court judge designated from time to time as a state grand jury assignment judge by the chief justice of the A…
A.R.S. § 21-422 Powers and duties
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A. The law applicable to county grand juries, including their powers, duties and functions, applies to the state grand juries except insofar as it is in conflict with this article. The supreme court shall adopt rules to govern the procedures of state grand juries. B. The state gr…
A.R.S. § 21-423 Jurors; judicial supervision
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A. A state grand jury shall consist of the same number of members as a county grand jury. The residence and qualifications of the members of the state grand jury shall be determined according to rules adopted by the supreme court which, at its discretion, depending on the nature …
A.R.S. § 21-424 Presentation of evidence to state grand jury
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Presentation of evidence shall be made to a state grand jury by the attorney general or his designee.
A.R.S. § 21-425 Designation of venue; consolidation
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Any indictment or presentment by any state grand jury shall be returned to the assignment judge and shall include a finding as to the county or counties in which the alleged offense or violation of law was committed. Thereupon, the assignment judge shall, by order, designate the …
A.R.S. § 21-426 Duty of the attorney general to advise county attorney of investigations and indictments
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The attorney general shall advise the county attorney in any affected county of the nature of the state grand jury investigation and of any indictments to be returned by the state grand jury unless such disclosures will create a substantial likelihood of a conflict of interest fo…
A.R.S. § 21-427 Attendance of prosecuting attorney; prosecution of indictments; issuance of subpoenas
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A. The attorney general or his designee shall attend the state grand jury in the manner prescribed by section 21-408. B. The attorney general or his designee shall prosecute all indictments returned by a state grand jury. The attorney general, at his discretion, may commence a pr…
A.R.S. § 21-428 Costs and expenses; state grand jury
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A. In addition to the fees and amounts stated in section 21-221, persons serving on a state grand jury shall be provided by the county in which the assignment judge is serving with reasonable per diem expenses as established by the supreme court. B. The costs and expenses incurre…